Minnesota first offense and I have to defend myself...

[Lisa101010]

What is the name of your state? Minnesota

I posted on here awhile ago about my case, but here is a brief summary:

I was arrested on Dec. 17 after being pulled over for a mechanical defunct on my car (my lisence plate lights don't work on my car) - I was not doing anything else wrong. I admitted to drinking so I had to take the field sobriety test. The test given was one in which the officer moves his finger back and forth in front of your face while shining a flashlight at you and you have to watch the finger without moving your head. I thought I almost passed but I did move my head on the first try, so he gave me a breathalizer. I was not told what I blew - they just handcuffed me and put me in the car. I started crying. I did not think I was impaired or intoxicated. I had 3 beers over a 2 hour period and I'm a 140 lb female. I don't drink often and have never been arrested for anything in my life. I do occasionally smoke weed though, but never been in trouble for that either.

My official test at the station was taken on an Intoxilator 5000 and the result was .08 ... I had an attorney review my test results and it appears the test was conducted accurately.

Anyway, I had until yesterday to file the civil side of my case -- appealing my driver's lisense revocation. All lawyers I talked to wanted at least $1000 to do that, and with all the other unexpected expenses related to the DWI (most recently $700 so I could have a limited lisence), I am now flat broke. I have like $40 to last me until my next pay check in a week. So, there was no way I could have filed this part of my case. However, I heard that only 15% actually win the civil case, so I guess I probably saved myself money.

I am planning to go to my Jan. 31 court date alone without an attorney. One attorney (from what seems to be a top local firm) told me I could do this and probably just talk to the prosecutor myself and get it down to careless driving. He said if the prosecutor didn't take that plea, to go with not guilty and call him back.

So, that is my plan. I just have a few really good questions - please help!! I think other people could benefit from this information as well:

One attorney told me that if I do get it down to a careless driving, my record in an insurance company's eyes will still be DWI because it will be an alcohol related careless driving. To get the alcohol related part off my record, I would have had to file and win the appeal of the revocation (the civil side). Is this true????? Or, can I still get "alcohol related" off?

Because if that is true, I am considering just pleading guilty to the DWI. If I do that, I get my full license back -- immediately I think, because if you plead guilty your license is only taken away for 30 days. And then would they be easier on me as far as fines? And, is there a way to plea to get this off my record eventually?

And if I do get a plea offer to bring it down to careless driving, what kind of fines could I expect?

Is it possible to ask that instead of fines I do community service? I'm an experienced PR person and lots of non profits could benefit from my services -- is that something I could mention?

And,
Can they use the fact that I was crying when I was arrested against me in court? I've been suffering from depression/anxiety for about 3 years and I am going to the doc this week to be officially diagnosed, so that might help. I'm sure they have my crying on tape. I was bawling in the back of the cop car - not hysterically, and I did manage to hold it back at times, but still I was crying.. I'm not sure if this will have any affect on my case -- what do you think? I'm a white attractive 27 year old female who's never been in trouble, never been in handcuffs, and so I think crying is a normal reaction however -- would they use crying against me to say I was drunk??

A small bag of marijuana (less than 1/8 of ounce) was found in my purse when I was brought to the county jail. It was not found by the officers who arrested me, but I know that the jail called the police station who arrested me and asked if they wanted to pick up the weed as evidence and I believe they did do that. Will that come back to haunt me? All attorneys I've asked this have said no. No other charges have been brought against me.

Any other advice you could give me in regards to going to my first court appearance will be greatly appreciated, especially responses from those who have had their DWI reduced to careless driving.

Lawyers, when you are trying to get a plea down to careless driving for a first time .08 offender, what terms do you typically ask for from the prosecutor?

Thanks in advance for your advice. If you're from MADD don't bother replying.

 

[You Are Guilty]

Whatever happens, please post back with an update (even if it takes you a few months to get internet access again). I'm always curious to see how pro se cases turn out.

 

[justalayman]

BS!!! They reduce the charge in almost all cases like mine!! What are you thinking???? I have a first time, low blood/alcohol offense. I sure hope you aren't a lawyer!!!

Oh well, at least I am not driving now. I am such a public nuisance!! I was soooooooo wasted after drinking 3 beers in a 2 hour time period - who wouldn't be, right?? At least they pulled me over instead of another driver who could have been even drunker and killed someone. Whew! Gotta have population control!

Come on, who is right, who is just trying to get money out of me. I do feel that having the right lawyer will be advantageous. However, I can't trust any of you people! You really need to just give straight advice and stop lying. You are supposed to help people!

Same here - I don't think I was drunk either. I've taken a breath test before, while feeling like how I felt the night I was arrested, and passed. But, I have never been one to drive drunk. The few times in my life I have been actually drunk, which has been few, I didn't drive anywhere.

And, I do realize that there are many, many people who drive completely intoxicated on a regular basis, and many of them don't get caught. I suppose now cops are out looking for people .10 and less, and pulling them over for any reason possible, so they don't have as much time/resources to watch for and pull over those who might be swerving/speeding/causing trouble.

Well I was going to tell you to just print this off and give it to the judge. S/he would definately let you off if this is all correct.(You do realize those are all your words, don't you?) BUT then I saw the following statement. Now I was on your side until you brought out the possibility of possession of drugs! Now I guess you'll just have to wing it

A small bag of marijuana (less than 1/8 of ounce) was found in my purse when I was brought to the county jail. It was not found by the officers who arrested me, but I know that the jail called the police station who arrested me and asked if they wanted to pick up the weed as evidence and I believe they did do that. Will that come back to haunt me? All attorneys I've asked this have said no. No other charges have been brought against me.

 

[Lisa101010]

Wow it must have taken awhile to compile all those posts! Good effort!

I know I wrote all that -- you didn't have to remind me.

I am just asking for advice -- preferably from a lawyer or someone else who has been in my situation. I doubt you would be able to help me because I don't think you've been in my situation or that you are a defense lawyer. A normal defense lawyer doesn't say "I won't help you because you had drugs on you" -- there are lawyers who actually specialize in drug defense and these are the people I'd like to hear from. I guess I was not clear enough that my post was meant as a means to obtain advice, not criticism.

But, thanks for spending so much time replying!! I'd suggest another hobby though...

 

[JD24PA]

Good luck

State: PA

Hey--

I don't have any legal background nor do I profess to on this site, but I am just writing to offer you a little comfort and wish you the best luck with the current situation. A DUI can be a terrifying and sobering experience; for many it's the first time they've ever gotten into trouble with the law and the thought of all the fines/penalties can truly bog you down. However, know that you can get through it. Your life will return to normal. Take it from someone currently in the process of getting thru the DUI and probation: take things one step at a time. Spend a morning down at your local courthouse hearing DUI cases and get a feel of how the proceedings go. Talk to the DA and see if there might be a chance of getting charges reduced or entering into pretrial diversion. Attend AA, be proactive in getting the community service and fines done. Since drugs were found on your person also, there may be additional circumstances, I don't know...but you can get through this. The greatest lesson that you can learn from the experience is to never put yourself in a situation that you can't handle. Don't blame others or cite the .08 BAC...accept responsibility for your actions...impairment starts with the first sip. Don't drink/do drugs and drive ever again. I think back at everything that my DUI has cost me emotionally and financially and shake my head at how easy it could have been to spring the $15 for a cab...sheesh

Anyway, prayers and good luck. I'm rooting for you.

J

(Others who can be counted on to give accurate information: BigMistakeFL, CdwJava, seniorjudge)

 

[justalayman]

Well one thing you are right about; I have never been in your situation because I don't drink and drive and I don't do drugs.

I may not have any legal advice to offer you but I do have some personal advice.

There are some great minds that help out on this forum. Most of them I have read tend to help people who don't come off with a "holier than thou" attitude which your original post showed.
One of the biggest things that most posters here seem to dislike is when people claim they were wronged when in fact they were the ones doing something wrong. That is also something the courts don't like to see if they plan on giving you a break.

I don't wish all the evils of the world on you but I do hope you learn from this experience. The main lesson I have in mind is not the drink and drive thing but take responsibility for your actions, don't blame the world for your faults and mistakes. So with that, good luck.

 

[Lisa101010]

See, you actually have a reason for posting here. Thanks for the advice. This DWI has been really, really hard on me. I like your advice on going to court and watching a few cases beforehand.

I'll definately give an update as to how my "pro se" case turns out.

 

[Lisa101010]

Since drugs were found on your person also, there may be additional circumstances

Actually drugs weren't found on my person but in my purse. I don't understand why the officers had to take my purse with me to jail -- I had already given them my ID. There was no reason for them to grab my purse -- They didn't grab the backpack that I also had in my car. So if anything does come up about that, I could point that out. But I guess I'm really not too worried about it -- several attorneys and other people I know who've been caught with weed have told me not to worry about it.

 

[JD24PA]

Police Searches and some $ info.

The night of my arrest, the cops made me empty my pockets to ensure that I had nothing that could pose a physical threat to them (i.e.: knife). All I had was my wallet, spare change, car/home keys. I believe that a check of your personal items is a standard pretty much for every police dept. in the country. Was your car impounded that night? Mine was...arrest occurred late on a Saturday evening and couldn't pick up the car the next day due to the impound being closed Sundays. Didn't end up getting it until Tuesday of the next week when a friend could take me out there to get it.

It's good to see you have info. regarding the drugs found in your purse; the fine for the DUI alone cost me $1100. If you throw in the lawyer fee ($3000), payment for DUI classes ($200), and pretrial diversion program ($500)...well there you go. I'm not saying that's how much your case will cost you; obviously it's different from case to case but I am just giving you a ballpark. PA is great due to the fact that it has the ARD program. ARD offers the 1st time offender the chance to have the arrest record "expunged" or dismissed after DUI classes, community service and probation. I'm due to be done with my nightmare year at the end of April. Talk with your DA to see if you might be able to enter into a similar pretrial diversion program.

In closing, like I said earlier, take things one step at a time. Your life will return to normal. I had to walk to work for a month and it gave me a chance to keep things in perspective...life will get better. Also, use the information and experiences that you learn in your DUI classes for your benefit. It helped me to know that there were others going through the same thing that I was going through and I am so fortunate for it.

God bless

J

 

[justalayman]

Actually drugs weren't found on my person but in my purse. I don't understand why the officers had to take my purse with me to jail -- I had already given them my ID. There was no reason for them to grab my purse -- They didn't grab the backpack that I also had in my car. So if anything does come up about that, I could point that out. But I guess I'm really not too worried about it -- several attorneys and other people I know who've been caught with weed have told me not to worry about it.

Well here you go again." How do I escape justice?"

They may have brought your purse to be nice. Maybe since you were drunk you don't remember asking them to bring your purse which they were nice enough to do for you. Most women I know hold on to them like they couldn't live without them.

Since you did commit a crime, it may be possible they may have already searched the backpack and found nothing of value. They do get to search everything they want when you commit a crime. But that sounds good, point out the fact they brought your purse WITH THE DRUGS in it and didn't bother to bring something else of no criminal value.. Ya , that will help a lot.

 

[Lisa101010]

But that sounds good, point out the fact they brought your purse WITH THE DRUGS in it and didn't bother to bring something else of no criminal value.. Ya , that will help a lot.

I won't have to point anything out because no one is going to even bring it up. I know that might upset you to think that someone who had weed on them is going to get away with it, but it happens all the time.

And if you think someone who is at .08 is so drunk that they can't remember things (such as asking for my purse), you're wrong. Live with it.--.08 may be impaired, but it is not drunk.

I'm sorry if you lost someone close to you to a drunk driver, but I think this board was intended to provide legal advice, not for victims to express their anger.

 

[HomeGuru]

I won't have to point anything out because no one is going to even bring it up. I know that might upset you to think that someone who had weed on them is going to get away with it, but it happens all the time.

And if you think someone who is at .08 is so drunk that they can't remember things (such as asking for my purse), you're wrong. Live with it.--.08 may be impaired, but it is not drunk.

I'm sorry if you lost someone close to you to a drunk driver, but I think this board was intended to provide legal advice, not for victims to express their anger.

**A: ok, I hope you feel better now.

 

[justalayman]

I won't have to point anything out because no one is going to even bring it up. I know that might upset you to think that someone who had weed on them is going to get away with it, but it happens all the time.

Actually it isn't a big deal to me. Remember, your the one that was questioning bringing the purse and stated

Actually drugs weren't found on my person but in my purse. I don't understand why the officers had to take my purse with me to jail -- I had already given them my ID. There was no reason for them to grab my purse -- They didn't grab the backpack that I also had in my car. So if anything does come up about that, I could point that out. But I guess I'm really not too worried about it

And if you think someone who is at .08 is so drunk that they can't remember things (such as asking for my purse), you're wrong. Live with it.--.08 may be impaired, but it is not drunk.

Well you are wrong here. .08 is, and in most states I am aware of, drunk driving. That is why many states also have a lesser charge of DUI. Additionally you are the one that "was crying". It sounds as if you were overwhelmed with the situation.Most people have trouble remembering many things once they reach this state.
-------------------
Lisa, regardless of what you may think, I am not expressing anger. There is not a thing you could do that would anger me.

I did proffer advice. Show acceptance of your mistake. From your original post you presented an attitude of entitlement. You complained of the unfair treatment you recieved because you were arrested and subsequent jailing. How people like you should be allowed to break the laws you broke because there are people doing much worse that are not being caught.

That advice still stands. If you are going to ask for a reduction in charges, being arrogant, as you were in your original posts, will piss off the people you will be asking for leniency.

Even in your last post you still seem to have trouble accepting the fact that you screwed up.

By the way, your claim that you are so competent as a PR person and would be so valuable to somebody that you even suggested that as a possibility for community service makes for a good laugh. Your communications on this post show your PR abilities, or actually the lack of.

 

[Lisa101010]

In regards to showing acceptance of my mistake, I definately have realized I made a huge mistake when I was arrested for DWI. My new personal legal limit is .00. I have been through a lot in the past month. Since you're not me and have never been in my situation, there is no way for you to know the sense of regret, hopelessness, guilt, shame, etc. that a person feels when they are arrested.

The purpose for my post was not to show penance for my mistake. I don't think that is the purpose of these message boards. When in front of the judge and prosecutor, my words will definately show the above-stated feelings.

My posts also were not intended as an example of my public relations skills. The reason I brought up doing PR for nonprofits as community service is because I thought it could be a way for me to show the judge and prosecutor that I am accepting responsibility for what I did and that I do want to make ammends for it.

And as far as being drunk at .08, I know that all state laws say it is a DWI at .08, but I don't personally think most people are "drunk" when they are a .08. Most people can still remember everything that happened, etc. Like me for example, I know that I did not ask for my purse that night. I clearly remember everything that happened that night. Just because I was crying doesn't mean I don't remember.

And that is why I think the law should just be no alcohol allowed in your blood whatsoever while driving. Because, how is someone supposed to know if they are a .06, .03 or .08, unless they have their own breath test?Someone can drive a car at .06 but not .08... How can you tell? If you're impaired at .08 why not .06? Or .03? Some people can feel it after they take one shot, and while they aren't drunk at this level, "feeling it" means some level of impairment. I just think that laws should be written in a way that allows for a person to know they are committing a crime when they're doing it. I did not know that I was committing a crime (other than the weed I had, which I'm sure you find ammusing, but the weed isn't why I was arrested) when I was arrested for DWI. If I had been arrested 30 minutes later, I probably would not have been committing a crime, because I probably would have been .07. But I had no way of knowing that without a breath test.

 

[Ohiogal]

In regards to showing acceptance of my mistake, I definately have realized I made a huge mistake when I was arrested for DWI. My new personal legal limit is .00. I have been through a lot in the past month. Since you're not me and have never been in my situation, there is no way for you to know the sense of regret, hopelessness, guilt, shame, etc. that a person feels when they are arrested.

The purpose for my post was not to show penance for my mistake. I don't think that is the purpose of these message boards. When in front of the judge and prosecutor, my words will definately show the above-stated feelings.

My posts also were not intended as an example of my public relations skills. The reason I brought up doing PR for nonprofits as community service is because I thought it could be a way for me to show the judge and prosecutor that I am accepting responsibility for what I did and that I do want to make ammends for it.

And as far as being drunk at .08, I know that all state laws say it is a DWI at .08, but I don't personally think most people are "drunk" when they are a .08. Most people can still remember everything that happened, etc. Like me for example, I know that I did not ask for my purse that night. I clearly remember everything that happened that night. Just because I was crying doesn't mean I don't remember.

And that is why I think the law should just be no alcohol allowed in your blood whatsoever while driving. Because, how is someone supposed to know if they are a .06, .03 or .08, unless they have their own breath test?Someone can drive a car at .06 but not .08... How can you tell? If you're impaired at .08 why not .06? Or .03? Some people can feel it after they take one shot, and while they aren't drunk at this level, "feeling it" means some level of impairment. I just think that laws should be written in a way that allows for a person to know they are committing a crime when they're doing it. I did not know that I was committing a crime (other than the weed I had, which I'm sure you find ammusing, but the weed isn't why I was arrested) when I was arrested for DWI. If I had been arrested 30 minutes later, I probably would not have been committing a crime, because I probably would have been .07. But I had no way of knowing that without a breath test.

The old saying is DO NOT DRINK AND DRIVE. You did. Suck it up and go into court and take your punishment. If you make excuses or try to show you are "good person" because you are doing PR for community service it will come across as fake. You say your new limit is 0.0. Your old limit should have been that.